Opinion
Case No. 4D04-142.
June 23, 2004. Rehearing Denied August 18, 2004.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Marc H. Gold, Judge, L.T. Case Nos. 98-14778 CF10A, 00-11259 CF10A 00-11763 CF10A.
Brian J. Bedwell, Raiford, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Linda Harrison, Assistant Attorney General, West Palm Beach, for appellee.
Brian J. Bedwell challenges the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review on one point.
Having reviewed the motion, the state's responses, and the records provided, we hold that the plea colloquy and forms do not conclusively refute Bedwell's claim of misadvice associated with his entitlement to gain time. See Griffin v. State, 869 So.2d 773 (Fla. 4th DCA 2004); see also State v. Leroux, 689 So.2d 235 (Fla. 1996).
Accordingly, we reverse the trial court's ruling and remand for the trial court to conduct an evidentiary hearing to address the merits of Bedwell's claim.
STEVENSON, GROSS and HAZOURI, JJ., concur.